PRESENTATION TO THE PORTFOLIO COMMITTEE ON RURAL DEVELOPMENT AND LAND REFORM DRDLR / ITB LEGISLATIVE MANDATE 7 MARCH 2018.

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Presentation transcript:

PRESENTATION TO THE PORTFOLIO COMMITTEE ON RURAL DEVELOPMENT AND LAND REFORM DRDLR / ITB LEGISLATIVE MANDATE 7 MARCH 2018

Background The Portfolio Committee (PC) sought clarity from the Department on: Legislative mandate of Ingonyama Trust / Board Role of Department in support of Trust / Board Department’s policy on conversions of PTOs to leases by Trust / Board Implications of conversions in relation to ULTRA. 2

LEGISLATIVE MANDATE OF TRUST / BOARD Trust is a statutory body. Corporate body and juristic person. Organ of State (Exercises public power / performs public function ito legislation) Ingonyama (Zulu King) is the sole trustee. Affairs of Trust administered by Board. Board comprises Ingonyama and 8 others appointed by Minister after consultation with Ingonyama.

LEGISLATIVE MANDATE CONT. Land which vested in KwaZulu government prior to 1994 vests in Trust. Land held in trust for the benefit, material welfare and social wellbeing of specified communities. Ingonyama may deal with land in accordance with Zulu customary law and other applicable law. Board may decide to encumber, pledge, lease, alienate or dispose of land. Ingonyama can only encumber, pledge, alienate or dispose of land with consent of traditional / community authority.

ROLE OF DEPT IN SUPPORT OF TRUST / BOARD 8 other members of Board appointed by Minister DRDLR bears cost of administration of Board Secretariat of Board established in consultation with Director General (DG). Board recommends to Minister promulgation of regulations The Regulations include those on: Procedures for land allocations Rental, levies, and other charges for right to use land Distribution of income received by the Board

ROLE OF DEPT IN SUPPORT OF BOARD CONT. Accounts of Board must be open for inspection by the DG Board must submit annual report on Trust activities to the Minister.

DRDLR’s POLICY RE CONVERSIONS FROM PTOs TO LEASES No written policy on conversions CLARA provided for conversion from PTOs to ownership Communal Land Tenure Bill proposes conversion from PTOs to ownership

IMPLICATIONS OF POLICY IN RELATION TO ULTRA DRDLR’s position in CLARA and Communal Land Tenure Bill proposed conversion into ownership ULTRA also provides for conversion into ownership with the following conditions: Minister must first approve conversion The Community must also approve conversion.

KE A LEBOGA!